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MATTER OF LEEWEN CONTRACTING CORPORATION v. DEPARTMENT OF SANITATION OF THE CITY OF NEW YORK

272 A.D.2d 246 (2000)

708 N.Y.S.2d 384

In the Matter of LEEWEN CONTRACTING CORPORATION, Appellant, v. DEPARTMENT OF SANITATION OF THE CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 25, 2000.

The only issue raised by this appeal is whether respondent failed to comply with CPLR 7804 (e), which states in pertinent part: "The body or officer shall file with the answer a certified transcript of the record of the proceedings under consideration." However, that issue was improperly raised for the first time by petitioner in its reply papers to the IAS Court and we, therefore, decline to address it (see, Zelnik v Bidermann...

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